Texas Education Code Title 2, Chapter 31 - Instructional Materials

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 31.001 - Free Instructional Materials
  Instructional materials selected for use in the public schools shall be furnished without cost to the students attending those schools. Except as provided by Section...
• Texas Section 31.002 - Definitions
  In this chapter: (1) "Instructional material" means content that conveys the essential knowledge and skills of a subject in the public school curriculum through a...
• Texas Section 31.003 - Rules
  The State Board of Education may adopt rules, consistent with this chapter, for the adoption, requisition, distribution, care, use, and disposal of instructional materials. Added...
• Texas Section 31.004 - Certification Of Provision Of Instructional Materials
  (a) Each school district and open-enrollment charter school shall annually certify to the State Board of Education and the commissioner that, for each subject in...

SUBCHAPTER B STATE FUNDING, ADOPTION, AND PURCHASE

• Texas Section 31.005 - Funding For Open-enrollment Charter Schools
  An open-enrollment charter school is entitled to the instructional materials allotment under this chapter and is subject to this chapter as if the school were...
• Texas Section 31.021 - State Instructional Materials Fund
  Sec. 31.021. STATE INSTRUCTIONAL MATERIALS FUND. (a) The state instructional materials fund consists of: (1) an amount set aside by the State Board of Education...
• Texas Section 31.0211 - Instructional Materials Allotment
  (a) A school district is entitled to an allotment each biennium from the state instructional materials fund for each student enrolled in the district on...
• Texas Section 31.0212 - Instructional Materials Account
  (a) The commissioner shall maintain an instructional materials account for each school district. In the first year of each biennium, the commissioner shall deposit in...
• Texas Section 31.0213 - Certification Of Use Of Instructional Materials Allotment
  Each school district shall annually certify to the commissioner that the district's instructional materials allotment has been used only for expenses allowed by Section 31.0211....
• Texas Section 31.0214 - Adjustment For High Enrollment Growth Districts
  (a) Each year the commissioner shall adjust the instructional materials allotment of school districts experiencing high enrollment growth. The commissioner shall establish a procedure for...
• Texas Section 31.0215 - Instructional Material Allotment Purchases
  (a) The commissioner shall, as early as practicable during each biennium, notify each school district and open-enrollment charter school of the estimated amount to which...
• Texas Section 31.022 - Instructional Materials Review And Adoption
  (a) The State Board of Education shall adopt a review and adoption cycle for instructional materials for elementary grade levels, including prekindergarten, and secondary grade...
• Texas Section 31.0221 - Midcycle Review And Adoption Of Instructional Materials
  (a) The State Board of Education shall adopt rules for the midcycle review and adoption of instructional material for a subject for which instructional materials...
• Texas Section 31.023 - Instructional Material List
  (a) For each subject and grade level, the State Board of Education shall adopt a list of instructional materials. The list includes each instructional material...
• Texas Section 31.0231 - Commissioner's List
  (a) The commissioner shall adopt a list of: (1) electronic instructional material; and (2) material that conveys information to the student or otherwise contributes to...
• Texas Section 31.024 - Adoption By State Board Of Education
  (a) By majority vote, the State Board of Education shall: (1) place each submitted instructional material on the list adopted under Section 31.023; or (2)...
• Texas Section 31.0241 - Adoption Of Open-source Instructional Materials
  (a) In this section, "eligible institution" means: (1) a public institution of higher education that is designated as a research university or emerging research university...
• Texas Section 31.0242 - Review Of Open-source Instructional Material
  Not later than the 90th day after the date open-source instructional material is submitted as provided by Section 31.0241, the State Board of Education may...
• Texas Section 31.026 - Contract; Price
  (a) The State Board of Education shall execute a contract for the purchase or licensing of each adopted instructional material. (b) A contract must require...
• Texas Section 31.0261 - Contracts For Printing Of Open-source Instructional Materials
  The State Board of Education may execute a contract for the printing of open-source instructional materials placed on the list adopted under Section 31.023. The...
• Texas Section 31.027 - Information To School Districts; Electronic Sample
  (a) A publisher shall provide each school district and open-enrollment charter school with information that fully describes each of the publisher's submitted instructional materials. On...
• Texas Section 31.028 - Special Instructional Materials
  (a) The commissioner may purchase special instructional materials for the education of blind and visually impaired students in public schools. In addition, for a teacher...
• Texas Section 31.029 - Bilingual Instructional Materials
  (a) A school district shall purchase with the district's instructional materials allotment or otherwise acquire instructional materials for use in bilingual education classes. (b) The...
• Texas Section 31.030 - Used Instructional Materials
  The State Board of Education shall adopt rules to ensure that used instructional materials sold to school districts and open-enrollment charter schools are not sample...
• Texas Section 31.031 - College Preparatory Instructional Materials
  (a) A school district may purchase with the district's instructional materials allotment or otherwise acquire instructional materials for use in college preparatory courses under Section...

SUBCHAPTER B-1 STATE-DEVELOPED OPEN-SOURCE INSTRUCTIONAL MATERIALS

• Texas Section 31.035 - Supplemental Instructional Materials
  (a) Notwithstanding any other provision of this subchapter, the State Board of Education may adopt supplemental instructional materials that are not on the list adopted...
• Texas Section 31.071 - Purchase Authority
  (a) The commissioner may purchase state-developed open-source instructional materials in accordance with this subchapter. (b) The commissioner: (1) shall purchase any state-developed open-source instructional materials...
• Texas Section 31.072 - Content Requirements
  (a) State-developed open-source instructional material must: (1) be evaluated by teachers or other experts, as determined by the commissioner, before purchase; and (2) meet the...
• Texas Section 31.073 - Selection By School District
  (a) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 6, Sec. 67(7), eff. July 19, 2011. (b) Repealed by Acts 2011, 82nd Leg., 1st...
• Texas Section 31.074 - Distribution
  (a) The commissioner shall provide for the distribution of state-developed open-source instructional materials in a manner consistent with distribution of instructional materials adopted under Subchapter...
• Texas Section 31.075 - Ownership; Licensing
  (a) State-developed open-source instructional material is the property of the state. (b) The commissioner shall provide a license to each public school in the state,...
• Texas Section 31.076 - Rules; Finality Of Decisions
  (a) The commissioner may adopt rules necessary to implement this subchapter. (b) A decision by the commissioner regarding the purchase, revision, cost, or distribution of...

SUBCHAPTER C LOCAL OPERATIONS

• Texas Section 31.077 - Adoption Schedule
  The commissioner shall develop a schedule for the adoption of state-developed open-source instructional materials under this subchapter. In developing the adoption schedule under this section,...
• Texas Section 31.101 - Selection And Purchase Of Instructional Materials By School Districts
  (a) Each year, during a period established by the State Board of Education, the board of trustees of each school district and the governing body...
• Texas Section 31.102 - Title And Custody
  (a) Each instructional material purchased as provided by this chapter for a school district or an open-enrollment charter school is the property of the district...
• Texas Section 31.103 - Instructional Material Requisitions
  (a) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 6, Sec. 67(10), eff. July 19, 2011. (b) A school district or open-enrollment charter school...
• Texas Section 31.104 - Distribution And Handling
  (a) The board of trustees of a school district or the governing body of an open-enrollment charter school may delegate to an employee the authority...
• Texas Section 31.105 - Sale Or Disposal Of Instructional Materials And Technological Equipment
  (a) The board of trustees of a school district or governing body of an open-enrollment charter school may sell printed instructional materials on the date...

SUBCHAPTER D ADMINISTRATIVE PENALTIES AND PENAL PROVISIONS

• Texas Section 31.106 - Use Of Local Funds
  In addition to any instructional material selected under this chapter, a school district or open-enrollment charter school may use local funds to purchase any instructional...
• Texas Section 31.151 - Duties Of Publishers And Manufacturers
  (a) A publisher or manufacturer of instructional materials: (1) shall furnish any instructional material the publisher or manufacturer offers in this state at a price...
• Texas Section 31.152 - Accepting Rebate On Instructional Materials Or Technological Equipment
  (a) A school trustee, administrator, or teacher commits an offense if that person receives any commission or rebate on any instructional materials or technological equipment...
• Texas Section 31.153 - Violation Of Free Instructional Materials Law
  (a) A person commits an offense if the person knowingly violates any law providing for the purchase or distribution of free instructional materials for the...

Last modified: September 28, 2016